Jurisdiction

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In Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) -v- Containerships Denizcilik Nakliyat ve Ticaret AS (The “Yusuf Cepnioglu”) [2016] EWCA Civ. 386, the Court of Appeal considered the juridical nature of a foreign statute which gives a victim (in this case, a charterer) the right to sue a defendant’s insurer (in this case, an owners’ club) directly without first suing the insured, and in the circumstances of the case, whether it was appropriate to uphold an anti-suit injunction (“ASI”) which had been made by the court below.

Reliance was placed on the previous decisions dealing with similar foreign legislation, such as The “Hari Bhum” (No. 1) [2004] 1 Lloyd’s Rep. 206; and [2005] 1 Lloyd’s Rep. 67, which considered the provisions of the Finnish Insurance Contract Act 1994 and The “Prestige” (No. 2) [2014] 1 Lloyd’s Rep 309 and [2015] 2 Lloyd’s Rep. 33 concerning the Spanish Penal Code.

In this case, the Court was looking at Turkish law, which provided, amongst other things, that “Article 1478 – the victim may claim its loss up to the insured sum directly from the insurer provided that the claim is brought within the prescription period to the insurance contract”.Continue Reading Direct claims against insurers and anti-suit injunctions

The Claimant Buyers brought proceedings against the Defendant Bank under refund guarantees issued by the Bank in support of two shipbuilding contracts between the Buyers and Sellers. Pursuant to the contracts, the Claimant had paid instalments on terms that they would be refunded if the contracts were cancelled. When the ships were not delivered on…

Hin-Pro International Logistics Ltd v Compania Sud Americana de Vapores SA [2015] EWCA Civ 401

The Appellant Freight Forwarder commenced actions in China under 70 bills of lading, which incorporated the Respondent’s standard clauses. Clause 23 provided in material part:

“This Bill of Lading and any claim or dispute arising hereunder shall be subject to…

Swissmarine Services SA v Gupta Coal India Private Limited [2015] EWHC 265 (Comm)

The Claimant and Defendant entered into a COA which contained an English law and jurisdiction clause. When the Defendant failed to comply with the terms due to difficulties in despatching and shipping the cargo, the Claimant brought a claim for breach of…

Caresse Navigation Ltd v Zurich Assurances Maroc & Ors [2014] EWCA Civ 1366

A cargo of coal was carried by the Respondent Owners from Rotterdam to Nador (Morocco). Whilst underway, emergency cooling measures were taken to prevent the cargo combusting which allegedly caused damage to the cargo.

Owners commenced proceedings in the English High Court,…

Viscous Global Investment Ltd v Palladium Navigation Corp [2014] EWHC 2654 (Comm)

The Claimants had claims for cargo damage against the vessel Owners arising under four bills of lading. The vessel was the subject of a chain of three charterparties. The head and sub-charter provided for London Arbitration (two arbitrators unless a sole could be…

In Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG (The Alexandros T) [2014] EWCA Civ 1010, Owners appealed against a summary judgment awarded against them in favour of the Respondent Insurers.

Owners’ vessel had been a total loss and the Insurers had disputed liability. The claims as between Owners and the Insurers were…

Owners chartered their vessel by way of a charter containing a London Arbitration clause, for a carriage from Turkey to Liberia. The vessel was sub-chartered, and three bills of lading issued to cover the cargo, each naming the same consignee and incorporating the charter terms.

The consignee claimed for cargo damage and commenced proceedings against…

In Caresse Navigation Ltd v Office National d’Electricite (The Channel Ranger) [2013] EWHC 3081 (Comm), the court considered whether a reference in a bill of lading to the incorporation of a charterparty “English law and arbitration” clause should be read as referring to a clause in the relevant charterparty which conferred jurisdiction on…

London Arbitration 5/13

Disputes arose under a time charter. Owners commenced arbitration proceedings, contending that the Respondents, a company incorporated in St Vincent and the Grenadines, were the charterers. The Respondents denied this, alleging that another entity with the same name, incorporated in Hong Kong, had in fact chartered the vessel.

The Claimants arrested two…